Commonwealth Numbered Acts Commonwealth Numbered ActsIn this Act:
"ABC " means the Australian Broadcasting Corporation referred to in section 5 of the Australian Broadcasting Corporation Act 1983 .
"address " of an individual or entity means:
(a) for an individual--a full street address and suburb or locality at which the individual can be contacted; or
(b) for an entity:
(i) if the entity has a principal office--a full street address and suburb or locality of the office; or
(ii) if the entity does not have a principal office, but does have premises--a full street address and suburb or locality of the premises; or
(iii) in the case of any other entity that authorised the communication of marriage law survey matter--a full street address and suburb or locality at which the individual who was responsible for giving effect to the authorisation can be contacted.
"ancillary contravention " of section 6, 15, 16 or 17 means a contravention of that section as a result of section 92 of the Regulatory Powers Act (ancillary contravention of civil penalty provisions).
"authorises " : a person authorises the communication of marriage law survey matter if:
(a) if the content of the matter is approved before the matter is communicated--the person approves the content of the matter; or
(b) otherwise--the person communicates the matter.
Examples: In the case of a call centre, the person who was originally responsible for approving the content of the phone calls from the call centre is the person who authorises the communication. In the case of an email whose content has not previously been approved, the person who sends the email authorises the communication.
(a) a broadcaster within the meaning of subclause 4(1) of Schedule 2 to the Broadcasting Services Act 1992 ; or
(b) a datacasting licensee within the meaning of Schedule 6 to that Act; or
(c) the ABC; or
(d) the SBS.
"bulk text message " means a text message that is sent in bulk.
"bulk voice call " means a call or calls that send in bulk a pre-recorded message to standard telephone services.
"carriage service provider " has the meaning given by section 87 of the Telecommunications Act 1997 .
"civil penalty provision " has the meaning given by the Regulatory Powers Act.
"commercial television broadcasting licensee " means a person that holds a commercial television broadcasting licence (within the meaning of the Broadcasting Services Act 1992 ).
"Commercial Television Industry Code of Practice means the Commercial Television Industry Code of Practice" that commenced on 1 December 2015.
Note: In 2017, the Code of Practice could be viewed at the website of the Australian Communications and Media Authority (https://www.acma.gov.au).
"communicate " : a broadcaster or a carriage service provider does not communicate marriage law survey matter merely because:
(a) the broadcaster broadcasts the matter; or
(b) the carriage service provider supplies the listed carriage service used to communicate the matter.
"conduct " means an act or an omission to perform an act.
"Electoral Commissioner " means the Electoral Commissioner referred to in section 18 of the Commonwealth Electoral Act 1918 .
"enrolled person has the same meaning as elector" has in section 3 of the Census and Statistics (Statistical Information) Direction 2017 .
"Federal Court " means the Federal Court of Australia.
"limitation period " means the period:
(a) beginning on the day this Act commences; and
(b) ending on:
(i) 15 November 2017; or
(ii) if statistical information is published before that day for the purposes of the Census and Statistics (Statistical Information) Direction 2017 --the day the information is published.
"listed carriage service " has the meaning given by section 16 of the Telecommunications Act 1997 .
"marriage law survey matter " means matter of any of the following kinds:
(a) matter commenting on same-sex marriage, the marriage law survey process or the marriage law survey question (other than matter printed or published by the Statistician);
(b) matter stating or indicating the marriage law survey question (other than matter printed or published by the Statistician);
(c) matter referring to a meeting held or to be held in connection with same-sex marriage, the marriage law survey process or the marriage law survey question.
Note: For example, paragraph (a) would cover matter encouraging an enrolled person to provide, or not provide, a marriage law survey response to the Statistician (except matter printed or published by the Statistician) .
"marriage law survey process " means the process conducted by the Statistician of collecting statistical information for the purposes of the Census and Statistics (Statistical Information) Direction 2017 .
"marriage law survey question " means the question of whether the law should be changed to allow same-sex couples to marry.
"marriage law survey response " means the response provided by an enrolled person to the Statistician for the purposes of the marriage law survey process.
(a) except in paragraph (c) of the definition of marriage law survey matter in this section--any meeting whether or not organised before the meeting began; and
(b) any meeting in which the members participate by telephone, internet or any other means of communication.
"multi-channel " has the same meaning as in the Commercial Television Industry Code of Practice.
"non-Program matter " has the same meaning as in the Commercial Television Industry Code of Practice.
"notifying entity " has the meaning given by section 6.
"officer " of the Australian Bureau of Statistics has the meaning given by section 3 of the Census and Statistics Act 1905 .
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"primary commercial television broadcasting service " has the same meaning as in the Commercial Television Industry Code of Practice. |
"primary contravention " of section 6, 15, 16 or 17 means a contravention of that section that is not an ancillary contravention of that section.
"Regulatory Powers Act " means the Regulatory Powers (Standard Provisions) Act 2014 .
"relevant town or city " of an entity that authorised the communication of marriage law survey matter means:
(a) if the entity has a principal office--the town or city in which the office is located; or
(b) if the entity does not have a principal office, but does have premises--the town or city in which the premises are located; or
(c) otherwise--the town or city in which the individual who was responsible for giving effect to the authorisation lives.
"SBS " means the Special Broadcasting Service Corporation referred to in section 5 of the Special Broadcasting Service Act 1991 .
"Statistician " means the Australian Statistician referred to in subsection 5(2) of the Australian Bureau of Statistics Act 1975 .
"text message " means an electronic message (within the meaning of section 5 of the Spam Act 2003 ) that is sent to an electronic address in connection with a telephone account.
"vilify, intimidate or threaten to cause harm " : a broadcaster or a carriage service provider does not vilify, intimidate or threaten to cause harm to another person or persons merely because:
(a) the broadcaster broadcasts matter that vilifies, intimidates or threatens to cause harm to the other person or persons; or
(b) the carriage service provider supplies the listed carriage service used to communicate such matter.